A Division Bench of the High Court on Monday directed the Kerala government and the police chief to ensure that no demonstration or agitation or assembly or collective expression of opinions took place on the High Court premises and on the roads and streets surrounding them.
The Bench comprising Acting Chief Justice Thottathil B. Radhakrishnan and Justice Anu Sivaraman issued the directive in suo motu proceedings.
Public interestThe court pointed out that “this is a suo motu proceedings initiated under Article 226 of the Constitution of India, taking note of the immense public importance and public interest, having regard to the needs of the people to have the functioning of judicial institutions including the High Court of Kerala to be carried in the manner in which it is envisaged under the Constitution of India.”
The High Court and other courts were paralysed in Kerala for two days following the boycott of courts by lawyers, in the wake of clashes between media persons and lawyers.
Curbs on announcementsThe court observed that the restriction, a reasonable one in terms of the Constitution, had been imposed balancing the larger need of the people to use the judicial institution. The Bench made it clear that there would be curbs on the use of announcement systems.
The restrictions would apply to all roads within the 200-metre radius, from roads around the High Court building.
The court said: “Access to justice is an indefeasible component of collective existence of any society. This can, in no manner, be belittled by any act, individually or collectively.”
The Bench observed that the police had a constitutional and statutory duty to ensure that there was no impairment of the smooth conduct of court proceedings.